16/05/2026
*LAW JUST ON PAPER, 'BARRIERS IN REALITY' —MALAWI'S PERSONS WITH DISABILITIES ACT STALLS TWO YEARS ON*
When Malawi passed the Persons with Disabilities Act in 2024, it was hailed as a turning point. Two years later, Simon Munde is not celebrating.
Two years after Malawi's Persons with Disabilities Act was enacted, implementation remains a distant dream.
"The enactment of the PDA mirrors the country's commitment towards ending exclusion of persons with disabilities in the national development agenda," says Simon Munde, Executive Director of the Federation of Disability Organisations in Malawi (FEDOMA). "However, we are yet to see meaningful implementation of the law."
For thousands like Kasim Gama, a citizen with a disability, the gap between law and life is painfully real. "It is so pathetic to see us persons with disabilities being treated as if we are not part of human diversity," Gama laments. "Why do duty bearers deliberately exclude us from development circles?"
The Malawi Human Rights Commission (MHRC) reports that persons with disabilities face steep barriers in health, education, employment, and political participation. "A multi-sectoral push for accessible infrastructure, staff training, and real enforcement of employment quotas is needed," MHRC urges.
"This is a failure in disability inclusion," says Harriet Kachimanga, Public Relations Officer of the Malawi Council for Disability Affairs (MACODA). "Inclusion is a fundamental principle in a democratic society, yet persons with disabilities are being left behind."
"Disability rights must be respected and promoted by duty bearers in ensuring meaningful participation of persons with disabilities in the national development agenda," Munde emphasizes.
The Disability Trust Fund (DTF), established by the Act, has yet to benefit many persons with disabilities.
"Guidelines were developed without proper consultation," sources reveal. Disregarding the views of persons with disabilities is a breach of the disability philosophy: 'Nothing about us without us."
The Persons with Disabilities Act was enacted to domesticate the African Disability Protocol (ADP), which Malawi ratified in 2023.
The ADP stresses promotion and protection of persons with disabilities. If Malawi doesn't promote inclusion, disability rights aren't promoted or protected.
The 2030 Sustainable Development Goals emphasize "Leaving no one behind". Malawi risks falling short if inclusion isn't prioritized.
National growth depends on all citizens, regardless of status. Failing to promote inclusion shows the nation doesn't "walk the talk".
Recently, Malawi has launched guidelines that have been developed to govern the Constituency Department Fund (CDF). It has been learnt that the guidelines were developed while leaving the voice of persons with disabilities behind.
Among others, the guidelines constitute the Constituency Development Committee (CDC) and among the CDC members, there no mention of persons with disabilities.
This according to the disability sector, it's a breach of democratic principles.
Malawi reatified the ADP in 2023, this is good move, Malawi enacted the Persons with Disabilities Act in 2024, its a good move altogether. The same Malawi fails to embrace disability inclusion, this is what we say failure to 'Walk the talk.'
Having all flowerly legal instruments in shelves is what Malawin is known for. However, Malawi lacks to put into practice its own blue prints.
Failure to embrace disability inclusion is a failure to advance in national development agenda.
Failure to abide by the rule of disability law is as good as just staying idle without enacting any Disability law in such a society.
The disability movement shall never relax. There shall be advocacy strategies advocating for the meaningful implementation of both local and international disability legal instruments for the protection and promotion of disability rights. Persons with disabilities disabilities deserve equal opportunities, persons with disabilities deserve inclusive service delivery in all sectors of life.
Similarly the FEDOMA motto: 'From exclusion to inclusion is enough to any duty Bearers to re-thinking disability inclusion in decision making process and to re-thinking provision of inclusive service delivery without being forced by the advocacy voice in this morden world. The denial to embrace i inclusion in decision-making process is a denial to maximise their fullest potential.
Promotion and protection of disability rights determines the implementation of disability legal instruments.
The Disability sector demands for action not mare talk.
